Bill Text: NY A04436 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides a procedure for village incorporation in a suburban town.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to local governments [A04436 Detail]

Download: New_York-2021-A04436-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4436

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Local Governments

        AN  ACT  to  amend the village law, in relation to providing a procedure
          for village incorporation in a suburban town

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The village law is amended by adding a new article 2-A to
     2  read as follows:
     3                                 ARTICLE 2-A
     4                       INCORPORATION IN SUBURBAN TOWNS
     5  Section 2-260 Applicability.
     6          2-262 Population and area requirements.
     7          2-264 Community impact statement.
     8          2-266 Hearing on the community impact statement.
     9          2-268 Canvass of election.
    10    § 2-260 Applicability. 1. Notwithstanding article two of this chapter,
    11  a town that adopts or has adopted the provisions of article  three-A  of
    12  the town law may by resolution of its town board adopt the provisions of
    13  this article for the incorporation of a new village.
    14    2.  Except as set forth in this article, the provisions of article two
    15  of this chapter shall be applicable.
    16    3.  In any town where the town board has adopted this article,  a  new
    17  village may be incorporated only after:
    18    a.  it  is  determined  that  there is a right to election pursuant to
    19  section 2-212 of this chapter; and
    20    b. the town board has held a hearing on the community impact statement
    21  and scheduled a referendum pursuant to section 2-266  of  this  article;
    22  and
    23    c.  the  question  of  incorporation  has been approved by voters in a
    24  referendum pursuant to section 2-268 of this article.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01534-01-1

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     1    4. Notwithstanding the provisions of  article  two  of  this  chapter,
     2  where  the  territory proposed for incorporation is located in more than
     3  one town and one or more towns, but not all affected towns,  adopt  this
     4  article,  the  scheduling  of the referendum on the question of incorpo-
     5  ration  shall  be  determined  by  the provisions of this article and no
     6  other provisions of this article shall apply to affected towns that have
     7  not adopted the provisions of article three-A of the town  law  and  the
     8  provisions of this article.
     9    §  2-262 Population and area requirements. A territory may be incorpo-
    10  rated as a village under this article providing that:
    11    1. the territory meets the conditions set forth in  section  2-200  of
    12  this chapter; or
    13    2.  the territory to be incorporated does not include a part of a city
    14  or village and its limits are coterminous with the entire boundaries  of
    15  the territory of the town outside of the incorporated villages.
    16    §  2-264 Community impact statement. 1.  A three-part community impact
    17  statement shall be prepared and filed with the town clerk of  each  town
    18  in which the territory proposed for incorporation is located.
    19    2.  The  community impact statement shall be written in plain language
    20  in a concise manner capable of being read and understood by the public.
    21    3. Within thirty days after it is determined that there is a right  to
    22  election pursuant to section 2-212 of this chapter, Part A of the commu-
    23  nity impact statement shall be prepared and filed on behalf of the peti-
    24  tioners which shall each include the information described in paragraphs
    25  a, b, c, d, e, f and g of subdivision six of this section.
    26    4.  Within  sixty days after it is determined that there is a right to
    27  election pursuant to section 2-212 of this chapter,  the  supervisor  of
    28  each  affected  town  shall  prepare and file with the supervisor's town
    29  clerk Part B of the community impact statement which shall  include  the
    30  information  described  in paragraphs h, i, j, k, l, m, n, o, p and q of
    31  subdivision six of this section.
    32    5. Within thirty days after the completion of its hearing as set forth
    33  in section 2-266 of this article, the town board of each  affected  town
    34  shall  prepare  and  file  with  its  town clerk Part C of the community
    35  impact statement which shall include the information described in  para-
    36  graphs  a, b, c, d, e, f, g, h, i, j, k, l, m, n, o, p and q of subdivi-
    37  sion six of this section and cause a copy to be  displayed  and  readily
    38  accessible to the public as the town board deems appropriate.
    39    6.  The  community  impact statement shall include the following items
    40  and any other items which the filers of each part thereof deem appropri-
    41  ate:
    42    a. a proposed five year operating  budget  for  the  territory  to  be
    43  incorporated;
    44    b.  a proposed five year capital budget for the territory to be incor-
    45  porated;
    46    c. a description of  the  services  that  would  be  provided  by  the
    47  proposed village;
    48    d.  a  description  of any deficiency in services provided by the town
    49  and the manner in which the incorporation would remedy the deficiency;
    50    e. the estimated real property tax impact for a five  year  period  on
    51  the territory to be incorporated;
    52    f.  the  population,  demographic,  socio-economic  and  environmental
    53  impacts on the territory to be incorporated;
    54    g. the impact of the anticipated land  use  and  infrastructure  needs
    55  within the territory to be incorporated;

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     1    h.  a  proposed  five  year  operating budget for the area of the town
     2  remaining unincorporated;
     3    i.  a  proposed  five  year  capital  budget  for the area of the town
     4  remaining unincorporated;
     5    j. a description of any change of services for the area  of  the  town
     6  remaining  unincorporated  which  change  is resultant from the incorpo-
     7  ration;
     8    k. the estimated real property tax impact for a five  year  period  on
     9  the area of the town remaining unincorporated;
    10    l.  the  population,  demographic,  socio-economic  and  environmental
    11  impact on the area of the town remaining unincorporated;
    12    m. the impact of anticipated land use and infrastructure needs  within
    13  the area of the town remaining unincorporated;
    14    n. a description of the share of any liability or indebtedness, bonded
    15  or  otherwise,  incurred  by  the town on account of projects within the
    16  territory proposed to be incorporated;
    17    o. a description of the share of any liability or indebtedness, bonded
    18  or otherwise, incurred by any special district on  account  of  projects
    19  within the territory proposed to be incorporated;
    20    p.  a  description  of  the  proportionate  share  of any liability or
    21  indebtedness bonded or otherwise, incurred by the town; and
    22    q. a description of  the  proportionate  share  of  any  liability  or
    23  indebtedness, bonded or otherwise, incurred by any special district.
    24    §  2-266  Hearing on the community impact statement.  1. Within eighty
    25  days after it is determined that there is a right to  election  pursuant
    26  to  section  2-212 of this chapter, the town board of each town in which
    27  the territory proposed for incorporation is located shall cause a notice
    28  to be posted: (i) on the town website, (ii) in five public places in the
    29  town in the territory proposed to be incorporated,  and  (iii)  in  five
    30  public  places  in the territory outside of the villages in the town and
    31  outside the territory proposed to be incorporated. In addition, the town
    32  board shall cause a copy of the notice to be published at least twice in
    33  the newspaper or newspapers designated pursuant to subdivision eleven of
    34  section sixty-four of the town law.
    35    2. The notice shall state: that a petition for  the  incorporation  of
    36  the  village  of  (name  of village) has been received; that a community
    37  impact statement has been prepared; that at  town  hall  or  such  other
    38  place  in  the town as the town board determines on a specified date and
    39  time, not less than twenty nor more than thirty days after the  date  of
    40  the  posting and first publication of such notice, a hearing will be had
    41  upon the consideration of the community impact of the proposed  incorpo-
    42  ration;  and,  that such petition and community impact statement will be
    43  available for public inspection in the office of the  town  clerk  until
    44  the date of such hearing.
    45    3.  The  town  board of each affected town shall hold a hearing on the
    46  community impact of the  proposed  incorporation  as  specified  in  the
    47  notice.
    48    4.  Within  thirty days after the completion of its hearing, each town
    49  board:
    50    a. shall issue a report on its findings with respect to paragraphs  a,
    51  b,  c, d, e, f, g, h, i, j, k, l, m, n, o, p and q of subdivision six of
    52  section 2-264 of this article and any other matters the town board deems
    53  relevant;
    54    b. file the report with its town clerk which shall constitute  Part  C
    55  of the community impact statement; and

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     1    c. shall cause a copy of the complete community impact statement to be
     2  posted on the town website and to be displayed and readily accessible to
     3  the public in any ways that the town board deems appropriate.
     4    5.  Simultaneously  with  issuing  its  report, the town board of each
     5  affected town shall enact a resolution calling for a referendum  on  the
     6  question of incorporation to be held within thirty days.
     7    6. Where more than one town is affected, the town boards shall cooper-
     8  ate, coordinate and set the same date for the referendum on the question
     9  of incorporation.
    10    § 2-268 Canvass of election. No incorporation shall take effect except
    11  upon  the  affirmative vote on the question of incorporation by both (i)
    12  the majority vote of those residents who qualify to vote for town  offi-
    13  cers  in the territory proposed for incorporation, and (ii) the majority
    14  vote of those residents who qualify to vote for  town  officers  in  the
    15  town outside of the existing villages and outside the territory proposed
    16  for incorporation. Where more than one town is affected, the affirmative
    17  vote  of  residents outside of the territory proposed to be incorporated
    18  must be an affirmative vote of each town canvassed separately. If such a
    19  majority vote does not result in each  separate  group  of  voters,  the
    20  referendum shall fail and incorporation shall not take effect.
    21    § 2. Transition; pending petitions for village incorporation.  1. If a
    22  petition  for  the  incorporation of a village has been filed and deter-
    23  mined legally sufficient prior to the effective date of this  act  in  a
    24  town  which  adopts  or has adopted the provisions of article 3-A of the
    25  town law and an election to determine the question of incorporation  has
    26  not been held:
    27    a.  no  election  to  determine the question of incorporation may been
    28  held until 45 days after the effective date of this act and, if the town
    29  board adopts the provisions of article 2-A of the village law, not until
    30  after the town board has held a hearing  on  the  community  impact  and
    31  scheduled a referendum pursuant to section 2-266 of the village law; and
    32    b. such town board may adopt the provisions of article 2-A of the town
    33  law within 30 days after the effective date of this act; and
    34    c.  within  thirty days after the town board adopts article 2-A of the
    35  village law, Part A of  the  community  impact  statement  described  in
    36  section  2-264  of the village law shall be filed with the town clerk on
    37  behalf of the petitioners; and within sixty days after  the  town  board
    38  adopts  article  2-A  of the village law, the town supervisor shall file
    39  Part B of the community impact statement described in section  2-264  of
    40  the village law.
    41    2. Except as set forth in this section, the provisions of article 2 of
    42  the  village  law  shall be applicable to any such petition for incorpo-
    43  ration.
    44    § 3. This act shall take effect immediately.
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